The Music Copyright Society of Kenya (MCSK) has suffered a legal setback after the High Court of Kenya ruled against its bid to continue collecting royalties on behalf of its members.
This decision follows a legal battle stemming from a court order issued in June 2024.
Court ruling on MCSK’s petition
On Monday, March 3, 2025, Lady Justice J W Mong’are dismissed a petition by MCSK, noting that under the Copyright Act, disputes of this nature should first be filed for determination before the Copyright Tribunal.
The ruling effectively bars MCSK from collecting royalties, as it does not have the legal mandate to operate as a Collective Management Organisation (CMO).
In the public notice issued by the Kenya Copyright Board (KECOBO), the organisation informed music users that MCSK no longer has the authority to collect royalties.
Kenya Copyright Board’s directive
Following the court’s decision, KECOBO has directed MCSK to cease and desist from presenting itself to the public and music users as a licensed CMO.
The Board also clarified that it is pursuing other pending legal matters related to the licensing of CMOs and will update the public accordingly.
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The notice further reminds the public that KECOBO had previously licensed the Performing and Audiovisual Rights Society of Kenya (PAVRISK) in June 2024 to collect royalties.
However, this licensing decision was revoked by the Copyright Tribunal in case COPTA/E002/2024, with an appeal against the revocation currently before the High Court of Kenya.
Legal implications for unauthorised royalty collection
KECOBO has warned that under Section 46 (12) of the Copyright Act, any entity or individual collecting royalties without the Board’s authorisation is committing an offence. Such persons could face fines or even jail terms upon conviction.
“Take notice that under Section 46 (12) of the Copyright Act, any person who purports to collect royalties from users without the authority of Kenya Copyright Board commits an offence and is liable to a fine or a jail term upon conviction,” the public notice stated.
The Board has urged the public and all stakeholders in the creative sector to remain patient as the government works on streamlining royalty collection mechanisms.
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KECOBO emphasised that the ongoing court proceedings and legal clarifications are part of a broader effort to create a transparent and effective royalty collection system that benefits all creatives.
Over the years, MCSK has faced criticism from musicians and other stakeholders over allegations of mismanagement and lack of transparency in royalty distribution.
While the ruling aims to regulate the industry and ensure compliance with the Copyright Act, it leaves musicians in a state of uncertainty regarding how and when they will receive their royalties. The next steps by KECOBO and the courts will determine the long-term impact on the industry.